Archives: FAQs

Holds FAQs data

There are limited scenarios when one may be permitted to deregister. Seek the advice of an attorney to ascertain if this is applicable to you.

Retain counsel to represent you in this matter.

Yes. If the pornography was obtained by the internet or through the mail, federal law governs. If strictly obtained in state not by internet or mail, Texas law governs. In either case, possession of child pornography is a violation of the law.

Retain counsel. Let your attorney speak to law enforcement.

Yes. It is an affirmative defense to prosecution if the actor was not more than three years older than the victim and of the opposite sex and if the actor did not use duress, force, or a threat against the victim at the time of the offense;

Indecency with a Child occurs if a person, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:

  • engages in sexual contact with the child or causes the child to engage in sexual contact; or
  • with intent to arouse or gratify the sexual desire of any person:
  • exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
  • causes the child to expose the child’s anus or any part of the child’s genitals.

A Sexual Assault of a Child Charge is aggravated when:

  • causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode
  • by acts or words (can be occurring in front of the victim, doesn’t have to be said directly to the victim) places the victim in fear that any person will become the victim of an offense or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person
  • uses or exhibits a deadly weapon in the course of the same criminal episode
  • acts in concert with another who engages in conduct directed toward the same victim and occurring during the course of the same criminal episode; or
  • Administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense
  • the victim is younger than 14 years of age; or
  • the victim is an elderly individual or a disabled individual.

Fundamentally, there is no difference in assault and battery. The difference is the legal term used in each jurisdiction. In Texas, the term used is “Assault.”

A spouse may execute and sign an “Affidavit of Non-Prosecution” putting the prosecuting attorney on notice that the spouse does not want to go forward, but the prosecuting attorney may still proceed in prosecution if the Government has evidence the allegation occurred without the testimony of the spouse.

In a criminal case, the spouse of the accused has a privilege not to be called as a witness for the state. This rule does not prohibit the spouse from testifying voluntarily for the state, even over objection by the accused. A spouse who testifies on behalf of an accused is subject to cross-examination.